SEPARATION OF CHURCH AND STATE

John Kilcullen

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Separation is again Contentious


In 20th Century America, and in countries of similar political culture, it seemed a permanently established principle that there should be a "wall of separation" between Church and State. But the separation has again become contentious. It is rejected by Muslims and in the US it is under attack from "evangelical" Christians (see "Theocracy watch" website). It seems useful to look again at the doctrine of  "separation of Church and State", to see what various things the phrase might mean, and what reasons there might be, for and against, regarding at least some of the possible formulations of the doctrine.

To illustrate a possible Muslim view, here is an extract from Bernard Lewis, The Political Language of Islam (University of Chicago Press, 1988), pp. 2-3:

When we in the Western world, nurtured in the Western tradition, use the words "Islam" and "Islamic", we tend to make a natural error and assume that religion means the same for Muslims as it has meant in the Western world, even in medieval times; that is to say, a section or compartment of life reserved for certain matters, and separate, or at least separable, from other compartments of life designed to hold other matters. That is not so in the Islamic world. It was never so in the past, and the attempt in modern times to make it so may perhaps be seen, in the longer perspective of history, as an unnatural aberration which in Iran has ended and in some other Islamic countries may also be nearing its end. [written in 1988]

In classical Islam there was no distinction between Church and state. In Christendom the existence of two authorities goes back to the founder, who enjoined his followers to render unto Caesar the things which are Caesar's and to God the things which are God's. Throughout the history of Christendom there have been two powers: God and Caesar, represented in this world by sacerdotium and regnum, or, in modern terms, church and state. They may be associated, they may be separated; they may be in harmony, they may be in conflict; one may dominate, the other may dominate; one may interfere, the other may protest, as we are now learning again. But always there are two, the spiritual and the temporal powers, each with its own laws and jurisdictions, its own structure and hierarchy. In pre-westernized Islam, there were not two powers but one, and the question of separation, therefore, could not arise…. At the present time, the very notion of a secular jurisdiction and authority--of a so-to-speak unsanctified part of life that lies outside the scope of religious law and those who uphold it--is seen as an impiety, indeed as the ultimate betrayal of Islam. The righting of this wrong is the principal aim of Islamic revolutionaries and, in general, of those described as Islamic fundamentalists.

The account of the Christian view embodied in the above passage cannot be right. With all due respect, Jesus's saying "Give to Caesar what is Caesar's, and to God what is God's" (Matthew 22:21) must be theologically unacceptable to Christians, since it implies that there are some things that are not God's. Christians, like Muslims, really believe that everything is God's. "Therefore, whether you eat or drink, or whatsoever else you do, do all to the glory of God", 1 Corinthians 10:31. For believing Christians, as much as for Muslims, there cannot be any "unsanctified part of life that lies outside the scope of religious law and those who uphold it". So what possible basis is there for a separation of Church and State, or religion from politics? 

The Wall of Separation

The term "wall of separation" is classic in American politics. The term  is not used in the US Constitution First amendment, which says: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". However, one of the founding fathers, Thomas Jefferson, in a letter of 1802, wrote that the First Amendment built "a wall of separation between church and state", and in US politics this has become a common way of referring to the effect of the First Amendment.

The term "wall of separation" had in fact been used by Richard Hooker in The Laws of Ecclesiastical Politics VIII.1 (originally published 1648; ed. McGrade, Cambridge University Press, 1989, p. 131). Hooker used the term to characterise a Puritan position that he rejected. In this respect Hooker stood in a medieval Catholic tradition, according to which Church and State are distinct but not sealed-off from one another.

The classical formulation of the medieval theory is found in the canon Duo sunt. "Two there are, august emperor, by which this world is chiefly ruled, the sacred authority of the priesthood and the royal power. Of these the responsibility of the priests is more weighty, in so far as they will answer for the kings of men themselves at the divine judgment... [I]n the order of religion... you ought to submit yourselves [to priests] rather than rule... [T]he bishops themselves... obey your law so far as the sphere of public order is concerned" (Gratian, Decretum, dist. 96, c. 10; translated Tierney [1980], pp.13-14).

During the middle ages the relationship between religious authority and royal power (and equivalents, such as the power of the emperor and the power of city governments) was the subject of intense controversy. On the one hand there were popes and theologians who argued that the Church (especially  the head of the Church, the pope) could intervene at will in any political matter and in such cases Church authority would prevail. Others tried to define the extent of Church or papal power in such a way that the pope could not claim a right to intervene except in certain circumstances. 

(On these controversies see my article "Medieval Political Philosophy" in the Stanford Encyclopedia of Philosophy; see also my article "Medieval Political Theory" in the Sage Handbook of Political Theory.)

A social compact


The best way, it seems to me, to define the boundaries of Church and State is not to say that religious rules do not apply to some areas of life, but to say that some religious rules are not enforceable by certain means--notably, not by the coercive powers of the State. By religious rules I mean all the rules that any authority in any religious institution says ought to  be followed, including rules that are supposed to be followed by members of that religion and rules that are supposed to be followed by people generally. These may include rules of morality (such as the ten commandments and other rules Christians believe should be followed by everyone), and other rules laid down by God (e.g. the dietary rules of the Jewish Bible).

There is no area of life to which such rules may not apply--there is no "unsanctified part of life that lies outside the scope of religious law". Morality governs everything a person does, and obviously human beings cannot set restrictions on what God (if he exists) has power to make rules about. Neither can human beings set restrictions on the means by which God may enforce his rules. If, for example, it is believed that God has commanded that the power of the State be used to enforce some dietary rule, then those  who believe this must try to get the State to enforce that rule. But if God is not believed to have commanded use of State power to enforce a certain rule, then it is possible for the citizens of a state to agree among themselves (for good reasons) that the power of their State will not be used to enforce that rule, or rules of a certain kind.

In States of European culture such an agreement has come into being since the "Wars of Religion" in the 17th century (see here and here). The agreement is a tacit agreement, it is not universal, it might well lapse. But those who believe that the lessons of the Wars of Religion are still relevant and important will try to recruit support for this mutual understanding in their own generation and into the future. See my essays "Reciprocity arguments for toleration" and "Bayle on the Rights of Conscience". Under this agreement, the only rules that State power may be used to enforce are those needed to prevent people inflicting on one another anything that any citizen, apart from any religious belief, would recognise as harm, and State power may be used to bring about only effects that any citizen would recognise as good.  (This is only a rough statement of the agreement--for a more accurate statement see "Reciprocity arguments" section 5.) Other rules and ideals can be recommended by persuasion, but cannot be enforced by the State (or, according to the finer details of the agreement, by private action using material incentives and disincentives). God can of course enforce his rules as he sees fit, but human beings (unless clearly commanded by God) cannot (under the terms of this agreemet) use State power to do God's work. Those who do not believe God has commanded coercive enforcement of a rule can, under this agreement, prevent those who do believe that from coercing others, when efforts to enforce the rule would do what (apart from religious belief) would be recognised as harm--though in preventing believers from doing what they believe God has commanded we must in certain ways "respect their consciences"  (see Bayle).

Several strains of thought in earlier times foreshadowed this 17th century agreement: (1) Augustine on cooperation between the citizens of the Two Cities (City of God, XIX.17); (2) Augustine and Thomas Aquinas on the question whether human law should repress all vices; (3) the medieval interpretation of a number of Bible texts (see here), and (4) the argument of Marsilius of Padua that God does not himself enforce, or wish human beings to enforce, his laws in relation to salvation in the next life, since God wills that divine law should be enforced by sanctions only in the next world, to give every opportunity for repentance before death (Marsilius of Padua, Defensor Pacis, trans. Alan Gewirth. Toronto: University of Toronto Press, 1980), pp. 164, 175-9).

On this topic see: Michael Hogan, "Separation of church and state?", and Wikipedia, "Separation of Church and State".


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